Rajasthan High Court - Jaipur
Nanchi Lal vs State Of Rajasthan And Ors on 22 September, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO.4674/2016
S.B. CRIMINAL MISC. STAY APPL. NO.4846/2016
Nanchi Lal Son of Shri Ran Nath Dhanka, aged about 72
years, By caste Dhanka, Resident of Village Bhatawala,
Tehsil Sanganer, Dsitrict Jaipur, Rajasthan.
Petitioner-Complainant
Versus
1. The State of Rajasthan through Public Prosecutor
2. The Police Commissioner, Jaipur Metropolitan, Police Commissionerate, Jaipur, Rajasthan.
3. The Deputy Police Commissioner (East), Jaipur Metropolitan, Police Commissionerate, Jaipur, Rajasthan
4. The S.H.O. Police Station Sanganer Sadar, Jaipur (East), District Jaipur, Rajasthan.
5. Bhawar Lal alliance Bhoriya Son of Shri Manglya alliance Mgolram By caste Dhanka, Resident of Village Bhatawala, Tehsil Sanganer, District Jaipur, Rajasthan. (Accused).
6. Koshlaya Devi Sarpanch, Gram Panchayat Mohanpura, Tehsil Sanganer. (Accused).
7. Secretary, Gram Panchayat Mohanpura, Tehsil Sanganer. (Accused).
8. Patwari, Gram Bhatawala, Tehsil Sanganer. (Accused).
9. Land Record Inspector, Gram Bhatawala, Tehsil Sanganer. (Accused).
Respondents DATE OF ORDER : : 22nd September, 2016 HON'BLE MR. JUSTICE MOHAMMAD RAFIQ ******* Shri Jaideep Singh Rathore for the petitioner. Shri Jitendra Shrimali, P.P. for the State. 2
## This petition has been filed by the petitioner- complainant with the prayer that the investigating agency be directed to arrest the named accused of FIR No.111/2012 and recover the original copy of second Godnama and the case may be transferred to any senior police officer for further investigation for fair and impartial investigation.
Nanchi Lal S/o Ram Nath Dhanka, filed a complaint before the court of Upper Civil Judge (Junior Division) and Metropolitan Magistrate No. 26, Jaipur Metropolitan, Jaipur, District Sanganer against the named accused for the offence under section 420, 467, 468, 471 and 120-B I.P.C. The aforesaid complaint was sent for investigation to police station Sanganer Sadar Jaipur East under section 156 (3) Cr. P.C. After receiving the said complaint Under Section 156 (3) Cr. P.C. the police Station Sanganer Sadar, Jaipur East registered the F.I.R. No.111/2012 for the offence Under Section 420, 467, 468, 471 and 120-B I.P.C. After registering the F.I.R, the police started investigation in the matter. It is contended that investigation agency did not investigate the case fairly and impartially. The investigating officer as well as the police is totally 3 biased and wants to give benefit to the accused persons which were named in the F.I.R. No. 111/2012. Now after lapse of almost four years and investigating officer failed to investigate the matter properly and further the Investigating Officer is making pressure on complainant to compromise with the accused in the F.I.R. No. 111/2012.
It is contended that despite the Metropolitan Magistrate No.26, Sanganer Jaipur, Metropolitan by order dated 30.6.2016 directed investigating officer to submit the report by order dated 29.09.2016, no report as such has been filed. No efforts have even been made to recover the alleged adoption deed (Godnama), however, the Investigating Officer is pressuring the petitioner- complainant to compromise the matter.
Having regard to the facts aforesaid, the petitioner is required to approach the Commissioner of Police, who shall have the matter examined and ensure fair and effective investigation in the matter expeditiously.
With that direction the petition is disposed of. Stay application also stands disposed of.
(Mohammad Rafiq),J.
RS/60